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Is there recourse for Elder Abuse after the elder has died?

San Luis Obispo, CA |

My stepfather suffered from Alzheimers and my mother abused him. I reported it to Pacer County APS but their "investigation" was a phone call to my mother who denied the abuse. When my stepfather became semi-incontinent my mother told me she was gong to stop giving him his heart/stroke medication. I faxed a letter to my stepfather's doctor, warning him of the abuse and my mother's plan to discontinue the medication. A week later the doctor's assistant called me and told me to report it to APS. I told her I had already with no results. My stepfather died 15 days later from a stroke. My mother had him cremated day following his death. Is there any recourse I can take?

Just to clarify...he died 15 days after I faxed the letter to the doctor and less than a week after the doctor's assitant called me.

Attorney Answers 2


  1. If you believe you have evidence of a crime, it should be reported to the police. As you suggest in your question, it may be quite difficult to produce evidence since the body was cremated.


  2. I agree with Mr. Mannor in both respects. If you have actual evidence to prove that your step-father's death was caused by something your mother either did, or failed to do, you should report it to the police. However, it does not sound like you have such evidence and any such allegations could result in your mother suing you for filing a false report.

    DISCLAIMER: THE INFORMATION PRESENTED HERE IS GENERAL IN NATURE AND IS NOT INTENDED, NOR SHOULD IT BE CONSTRUED, AS LEGAL ADVICE. THIS POSTING DOES NOT CREATE ANY ATTORNEY-CLIENT RELATIONSHIP BETWEEN US. FOR SPECIFIC ADVICE ABOUT YOUR PARTICULAR SITUATION, CONSULT A QUALIFIED ATTORNEY.

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